In Georgia, property owners must ensure that the people on their property are safe. They have legal responsibility if someone gets hurt on their property. So, how do you prove if the property owner is guilty of negligence? Let us look further into each component you need to prove.
Key elements to establish negligent security
If you are complaining that a property owner has been negligent, you must prove the following:
- Duty of care: The property owner had a legal obligation to provide security and keep the visitors safe.
- Breach of duty: The owner failed to take the necessary steps to provide security.
- Causation: The owner’s failure led to the victim’s injury.
- Damages: The victim suffered physical injuries, emotional distress or financial losses.
Here is an example:
A resident of an apartment complex was attacked because there is a lack of proper security in the area. Plus, there is no adequate lighting, which further endangers residents. Because the property owner did not take these necessary precautions, they could be guilty of negligence.
Foreseeability and the totality of circumstances
The central aspect of negligent security cases is the concept of foreseeability—was the crime most likely to happen? In 2023, the Georgia Supreme Court addressed this in a similar case where they stopped requiring evidence of prior similar crimes. Instead, they took on the “totality of the circumstances” approach. In other words, they considered several factors before declaring the crime as foreseeable. These include:
- The nature of the neighborhood
- Past incidents
- The specific circumstances of the property
These can help decide whether the property owner should have anticipated the risk and taken some steps to stop it.
New Georgia law on property safety
In April 2025, Georgia updated its law to provide clearer guidelines for negligent security claims. This change makes the law much clearer for people who might file a complaint and the property owner. Under this law, victims must provide evidence of foreseeability. Evidence includes:
- Specific warnings
- Prior similar crimes
- The perpetrator’s criminal history
If these evidence are present, the property owner may be liable.
Seeking legal help
Navigating the complexities of negligent security laws in Georgia can be challenging. If the property owner fails to provide proper security and you, or a loved one, get hurt, consider consulting with an experienced lawyer. They can look at the details of your case, assess it and gather evidence. Most of all, they can advocate for you to get the compensation you deserve.